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Intellectual Property Law

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Articles 15601 - 15630 of 17076

Full-Text Articles in Law

The Use Of Amateur Videotapes As Evidence In Criminal Prosecutions: Citizen Empowerment Or Little Brother's New Silver Platter, Nicholas R. Mack Jan 1993

The Use Of Amateur Videotapes As Evidence In Criminal Prosecutions: Citizen Empowerment Or Little Brother's New Silver Platter, Nicholas R. Mack

UC Law SF Communications and Entertainment Journal

As public access to inexpensive and versatile "camcorders" grows, U.S. courts face a new source of crime evidence. Through a survey of recent examples, including the Rodney King beating, this note addresses the potential of private citizens' videotapes of criminal acts. Videotapes may empower citizens to fight crime safely and legally, as courts will probably receive such videotaped evidence favorably. However, with the increasing means and incentives for "video vigilantism" comes a risk of invasions of privacy, as technology outpaces the law. Limited neither by the Fourth Amendment nor the Electronic Communications Privacy Act of 1986, citizens' videotapes can introduce …

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The High Cost Of Convenience: Antitrust Law Violations In The Computerized Ticketing Services Industry, Kevin E. Stern Jan 1993

The High Cost Of Convenience: Antitrust Law Violations In The Computerized Ticketing Services Industry, Kevin E. Stern

UC Law SF Communications and Entertainment Journal

The advent of computerized ticketing has made the purchase of entertainment tickets more convenient for consumers-but often at a steep cost. Are ever-increasing ticketing service charges the result of antitrust violations or other unlawful business practices as consumers have charged? This Note examines recent class action antitrust lawsuits against the dominant California computerized ticket agencies, entertainment venues and promoters. It summarizes and analyzes the relevant California statutes and case law at issue and concludes there is merit to some, but not all, of the plaintiffs' claims.

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The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy Jan 1993

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy

UIC Law Review

No abstract provided.

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Trademark Law - Confusion Over The Likelihood Of Confusion, Jacqueline Pasquarella Jan 1993

Trademark Law - Confusion Over The Likelihood Of Confusion, Jacqueline Pasquarella

Villanova Law Review (1956 - )

No abstract provided.

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Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1992, Kendrew H. Colton, Michael W. Haas Jan 1993

Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1992, Kendrew H. Colton, Michael W. Haas

American University Law Review

No abstract provided.

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The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige Jan 1993

The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige

UIC Law Review

No abstract provided.

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An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder Jan 1993

An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder

UIC Law Review

No abstract provided.

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Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel Jan 1993

Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel

UIC Law Review

No abstract provided.

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How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal Jan 1993

How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal

UIC Law Review

No abstract provided.

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California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas M. Goetzl Jan 1993

California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas M. Goetzl

UC Law SF Communications and Entertainment Journal

The author of this article was Program Chair of the Art Law Section meeting at the 1993 annual convention of the Association of American Law Schools. In the article, he briefly reviews state and federal legislative enactments that have affected the visual arts. The author then summarizes the presentations of each of the panelists at the Art Law Section meeting. Finally, the author offers his own comments on the Resale Royalty Report that was prepared by the Copyright Office and submitted to Congress in December 1992.

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A Comparison Of State And Federal Moral Rights Protection: Are Artists Better Off After Vara, Edward J. Damich Jan 1993

A Comparison Of State And Federal Moral Rights Protection: Are Artists Better Off After Vara, Edward J. Damich

UC Law SF Communications and Entertainment Journal

VARA, which became effective June 1, 1991, provides the first federal statutory recognition of the moral rights of integrity and attribution for works of visual art. Prior to VARA's enactment, some states, including the art centers of California and New York, had already enacted moral rights statutes. This article compares VARA with state moral rights statutes. It concludes that VARA is clearly an advance since only eleven states have moral rights statutes and not all provide more protection. However, the author suggests that the state statutes, taken as a whole, protect more kinds of works and offer broader protection than …

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Home Audio Taping Of Copyrighted Works And The Audio Home Recording Act Of 1992: A Critical Analysis, Joel L. Mckuin Jan 1993

Home Audio Taping Of Copyrighted Works And The Audio Home Recording Act Of 1992: A Critical Analysis, Joel L. Mckuin

UC Law SF Communications and Entertainment Journal

This Article focuses on the inadequate protection afforded music creators from unauthorized noncommercial home taping of sound recordings. The widespread practice of unauthorized home taping has harmed both the recording industry and society. In an attempt to rectify the problem, Congress enacted the Audio Home Recording Act of 1992 (AHRA). The author argues, however, that AHRA provides record producers with insufficient protection from home copying. This Article addresses the shortcomings of AHRA: (1) the lack of royalties for analog home taping and (2) the lack of performance rights in sound recordings for copyright owners and music performers. It further indicates …

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The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy Jan 1993

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …

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A Property Right In Self-Expression: Equality And Individualism In The Natural Law Of Intellectual Property, Wendy J. Gordon Jan 1993

A Property Right In Self-Expression: Equality And Individualism In The Natural Law Of Intellectual Property, Wendy J. Gordon

Faculty Scholarship

This Article argues that a properly conceived natural-rights theory of intellectual property would provide significant protection for free speech interests. This is more than just an academic exercise. Judges have failed to use the First Amendment to provide extensive protection for free expression in intellectual property cases, in part because they mistakenly find a warrant for strong "authors' rights" in a philosophy of natural law. Natural rights theory, however, is necessarily concerned with the rights of the public as well as with those whose labors create intellectual products. When the limitations in natural law's premises are taken seriously, natural rights …

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Trademark Law - The Lanham Trademark Act - Third Circuit Refuses To Hold Attorneys Liable For Wrongful Ex Parte Seizures, Alison T. Fiala Jan 1993

Trademark Law - The Lanham Trademark Act - Third Circuit Refuses To Hold Attorneys Liable For Wrongful Ex Parte Seizures, Alison T. Fiala

Villanova Law Review (1956 - )

No abstract provided.

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Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard Jan 1993

Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard

UIC Law Review

No abstract provided.

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Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff Jan 1993

Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff

UIC Law Review

No abstract provided.

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The Economics Behind Copyright Fair Use: A Principled And Predictable Body Of Law, Michael G. Anderson, Paul F. Brown Jan 1993

The Economics Behind Copyright Fair Use: A Principled And Predictable Body Of Law, Michael G. Anderson, Paul F. Brown

Loyola University Chicago Law Journal

No abstract provided.

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The Games People Play: Sega V. Accolade And The Right To Reverse Engineer Software, William S. Coats, Heather D. Rafter Jan 1993

The Games People Play: Sega V. Accolade And The Right To Reverse Engineer Software, William S. Coats, Heather D. Rafter

UC Law SF Communications and Entertainment Journal

In Sega v. Accolade, a case involving the legality of reverse engineering of computer software, the Ninth Circuit resolved copyright and trademark issues of first impression. The decision is of great significance for its legal analysis of the fair use doctrine and policies underlying the trademark law. This article provides background information useful to understanding Accolade from a technical and legal perspective. The authors conclude that the decision is consistent with the recent trend among the courts to limit the use of intellectual property laws to stifle competition.

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It Is Time To Put Look And Feel Out To Pasture, Douglas K. Derwin Jan 1993

It Is Time To Put Look And Feel Out To Pasture, Douglas K. Derwin

UC Law SF Communications and Entertainment Journal

The author, who was present at the creation of "Look and Feel," now feels that the time has come to lay the theory to rest, because it is vague, confusing, and promotes overbroad analysis. Instead, he suggests analysis focusing on the different legal standards that apply to different elements in a computer program's user interface.

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Shrinkwrap License Agreements: New Light On A Vexing Problem, David L. Hayes Jan 1993

Shrinkwrap License Agreements: New Light On A Vexing Problem, David L. Hayes

UC Law SF Communications and Entertainment Journal

Computer software companies rely widely on the use of "shrinkwrap" license agreements. Previous decisions have called into question the general enforceability of these agreements as contracts of adhesion, and the enforceability of specific provisions under policies of federal supremacy. This article analyzes the implications of a more recent decision, Step-Saver Data Systems, Inc. v. Wyse Technology, which focused on the rules of contract formation under the U.C.C. and their application when deciding if a shrinkwrap license governs a transaction at all. The analysis of the case calls into question the legal efficacy of many widespread marketing practices currently used in …

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Why Can't I Watch This Video Here - Copyright Confusion And Performances Of Videocassettes & (And) Videodiscs In Libraries, J. Wesley Cochran Jan 1993

Why Can't I Watch This Video Here - Copyright Confusion And Performances Of Videocassettes & (And) Videodiscs In Libraries, J. Wesley Cochran

UC Law SF Communications and Entertainment Journal

The dramatic growth of video resources in library collections in the past twenty years brought with it disagreement between librarians and copyright owners concerning performances of videocassettes and videodiscs in libraries. This article reviews the application of copyright law to performances of videocassettes and videodiscs and describes typical uses of these resources in academic, public, and private libraries. The author then relates the availability of statutory defenses to claims of infringement and concludes that many performances of videocassettes and videodiscs in libraries are permitted by the fair use limitation and the educational exemption found in the Copyright Act of 1976. …

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California Arts Legislation Goes Federal, Richard Mayer Jan 1993

California Arts Legislation Goes Federal, Richard Mayer

UC Law SF Communications and Entertainment Journal

The author provides a unique perspective from which to view moral rights and resale royalty legislation-that of an artist. His article relates his personal insights into the inception and enactment of the California Resale Royalties Act, the California Art Preservation Act, and VARA. In doing so, he also explores the issues surrounding resale royalties and moral rights.

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Creators Caught In The Middle: Visual Artists Rights Act Preemption Of State Moral Rights Law, Joshua H. Brown Jan 1993

Creators Caught In The Middle: Visual Artists Rights Act Preemption Of State Moral Rights Law, Joshua H. Brown

UC Law SF Communications and Entertainment Journal

VARA is the first federal legislation allowing American artists to protect their works' integrity and to be recognized as authors despite the continuing sale or other transfer of their art. Such privileges, known as "moral rights," have been an integral part of European law for over a century, and have been incorporated into many American states' laws within recent years. With the passage of VARA, the moral rights laws of many states became redundant. This note attempts to determine the extent to which VARA preempts state laws, focusing on the New York, California, and Massachusetts statutes.

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Telecommunications Regulation, Imputation Policies And Competition, Alexander C. Larson, Steve G. Parsons Jan 1993

Telecommunications Regulation, Imputation Policies And Competition, Alexander C. Larson, Steve G. Parsons

UC Law SF Communications and Entertainment Journal

This article provides an economic analysis and critique of imputation policies in telecommunications regulation. Imputation is a regulatory policy employed when a vertically integrated (i.e., end-to-end) regulated firm sells intermediate productive inputs in an "upstream" market to its own competitors in an end-user, or "downstream" market. The most common example of this regulatory policy is the imputations of access charges in state telecommunications regulation. It are used to guard against anticompetitive pricing practices and discriminatory pricing (i.e., price squeezes). This article uses regulatory and antitrust economics as well as antitrust case law to examine the efficacy of imputation policies. It …

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Summary Judgment On Substantial Similarity In Copyright Actions, Julie J. Bisceglia Jan 1993

Summary Judgment On Substantial Similarity In Copyright Actions, Julie J. Bisceglia

UC Law SF Communications and Entertainment Journal

This article surveys reported summary judgment and summary adjudication opinions in which courts have ruled on the presence or absence of substantial similarity in copyright actions. Because summary judgment is so frequently granted to moving defendants on this issue, it is suggested that the current tests for substantial similarity are deficient; a different one is proposed.

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Cyberspace, The Free Market And The Free Marketplace Of Ideas: Recognizing Legal Differences In Computer Bulletin Board Functions, Eric Schlachter Jan 1993

Cyberspace, The Free Market And The Free Marketplace Of Ideas: Recognizing Legal Differences In Computer Bulletin Board Functions, Eric Schlachter

UC Law SF Communications and Entertainment Journal

Aspects of computers, communications and the media are all present in computer bulletin board technology. Different legal models have been applied to each of these elements when they have been considered individually. The blend of these elements in computer bulletin boards makes it difficult to determine which legal model is appropriate. This Essay takes a holistic approach to the problem, predicated on the belief that any solution to which model is appropriate must retain some of the careful balancing that is part of existing models. The Essay first outlines the contours of the "cyberspace" industry, including the functions of computer …

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Shopping For The California Right Of Publicity, Barbara M. Lange Jan 1993

Shopping For The California Right Of Publicity, Barbara M. Lange

UC Law SF Communications and Entertainment Journal

California accords a celebrity both a statutory and a common law right of publicity. Recent Ninth Circuit decisions, while construing California statutes narrowly, have suggested a scope of California common law protection that is broader than, and different from, that indicated by California state court precedents. This Note summarizes the California statutory right of publicity and the common law right based on state appellate court cases, comparing them to the Ninth Circuit view in Waits v. Frito Lay, Inc. and White v. Samsung Electronics America, Inc. The author concludes that legislative action is necessary to define the scope of the …

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Florida's Bungee Jumping Regulations: Why Other States Should Take The Plunge, Cindy Oakes Jan 1993

Florida's Bungee Jumping Regulations: Why Other States Should Take The Plunge, Cindy Oakes

UC Law SF Communications and Entertainment Journal

Bungee jumping burst onto the American recreational scene with amazing momentum. As with many other dangerous recreational activities embraced by thrillseekers in recent years, many states were caught off guard with respect to regulating the sport. The rapid proliferation of bungee operations and the occurrence of several serious accidents highlighted the need for consistent, fair regulatory treatment among the states. The state of Florida has developed a comprehensive and thoughtful set of regulations, which can serve as a model for other states. This Note examines the development of bungee jumping as a popular American activity, explains how Florida's regulations affect …

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Suing American Media In Foreign Courts: Doing And End-Run Around U.S. Libel Law, Kyu Ho Youm Jan 1993

Suing American Media In Foreign Courts: Doing And End-Run Around U.S. Libel Law, Kyu Ho Youm

UC Law SF Communications and Entertainment Journal

The ever-expanding transnational operations of the American media have resulted in a growing number of libel suits filed against the media in foreign countries. A 'small but disturbing and growing trend' among libel plaintiffs to sue American media abroad is illustrated in Bachchan v. India Abroad Publications, Inc. In the context of the significant implications of the growing number of cross-boarder libel suits against American media in foreign courts and particularly in English courts, this Article examines four questions: (1) What are the similarities and differences, if any, between American and English libel laws?; (2) How have libel cases been …

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